Explain the criminal remedies in case of infringement, piracy or falsification of GI under the Geographical Indications of Goods (Registration and Protection) Act, 1999?

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2017
Explain the criminal remedies in case of infringement, piracy or falsification of GI under the Geographical Indications of Goods (Registration and Protection) Act, 1999?

Answer & Explanation:

A registered geographical indication is infringed by a person who, not being an authorised user thereof uses such geographical indication by any means in the designations or presentation of goods that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which misleads the persons as to the geographical origin of such goods. Hence the infringement of registered G.I. occurs if a person: Uses the G.I. on the goods or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which misleads the public; or Uses the G.I. in a manner that constitutes an act of unfair competition; or Uses another G.I. to the goods in a manner, which falsely represents to the public that the goods originate in the territory, region or locality in respect of which such registered G.I. relates. Chapter VIII of the Geographical Indication of Goods (Registration and Protection) Act, 1999 lays down provisions regarding certain offences, Penalties and the Procedure to be followed thereof The legislature has taken a strong view of the cases of infringement, piracy, falsification, misrepresentation and has made them as penal offences under the Act. The chapter apart from listing penalties for the above-mentioned offences also details the penalty and procedure to be followed in prosecution of such offences. The following are the acts deemed as offences: In the context of offences, what constitutes the meaning of "applying geographical indication has been dealt with in section 37 and the expression geographical indication has been defined in Section 2 (1) (e). Section 38 list two kinds of offences namely:- Falsifying a GI and Falsely applying a GI. The penalty for falsification of GIs and the circumstances in which a person applies false GI are enumerated in section 39. Selling goods to which false GI is applied as outlined in section 40. Enhanced Penalty for subsequent convictions for the offences of falsifying, falsification of GIs or selling goods with false GIs. Falsely representing a GI as registered as listed in section 42. Misrepresenting the GI as registered, which has not been actually registered is made an offence. Improperly describing a place of business as connected with the GIs Registry as listed in section 43. Falsification of entries in the Register as listed in Section 44. No offence in certain cases as provided under Section 45. Exemption of certain persons employed in ordinary course of business as provided under section 46. Procedure where invalidity of registration is pleaded by the accused as provided in section 18. Offences by Companies As per section 49 when an offence is committed by a Company, the Company as well as person responsible in the company for conducting the business of the Company shall be liable and punished accordingly. Cognizance of the Offence Under section 50(2) it has been clearly stated that no court inferior to that of a Metropolitan Magistrate or judicial Magistrate of first class shall try an offence under this Act.

Topics: Geographical Indications

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